Chapter VI PORT OFFICER

(1) The Government shall appoint such officers or body of persons to be the conservator for every port, or for two or more ports. (2) Every port shall appoint a harbour master or such other officers of the port as may be prescribed by the appropriate Government. (3) The terms and conditions of service of the officers appointed under sub-sections (1) and (2) shall be such as may be prescribed by the appropriate Government. (4) The conservator shall be subject to the control of the Government and the Authority. (5) All officers operating in a port shall be subject to the supervision and control of the conservator.

(1) Subject to the provisions of this Act, the conservator may, with respect to any vessel within the port, issue such directions as may be necessary for carrying out the provisions of this Act or the rules made thereunder. (2) Without prejudice to the generality of the foregoing power, the conservator may issue directions relating to all or any of the following matters, namely:— (a) the berthing, mooring or anchoring including the method of anchoring, of a vessel; (b) the removal of the vessel from any place within the port to any other place and the time within which such removal is to be effected; (c) the regulation, restriction or prohibition of movement of vessels in the port and the approaches to the port; (d) requiring the master of any vessel to place at his disposal, such number of crew as may be deemed fit, for the purpose of preventing or extinguishing fire or for any other matter under this Act; (e) prohibiting any vessel from entering or leaving the port, where such vessel fails to comply with the provisions of this Act or any other law for the time being in force or the rules, regulations or directions issued thereunder; (f) cutting, or causing to be cut, any warp or rope endangering the safety of any vessel in the port. (3) If any person refuses or neglects to obey any direction of the conservator under this section, the conservator may cause or cause to be done, all necessary acts for execution of the directions and may hire and employ suitable persons for this purpose, and all expenses incurred in this behalf shall be recoverable from the person for such refusal or neglect.

(1) The conservator may remove, or cause to be removed, either on his own or through external agency or through a port officer, any obstruction in any part of a port, which in his opinion obstructs the operation of a port or part thereof or any other work on any part of the shore or bank within the port limits. (2) The owner of any such obstruction shall be liable to pay the reasonable expenses of the removal thereof. (3) If the owner of any such obstruction fails to pay the reasonable expenses incurred in the removal thereof, the conservator may sell the vessels, wreck, material or any other thing forming the obstruction in public auction and recover expenses incurred for such removal from the proceeds of the sale, and shall pay the surplus of such proceeds, or deliver the unsold parts of the obstruction, to the person entitled to receive the same and if no such person is available, the conservator shall cause the same to be kept and deposited in such manner as the Government directs. (4) The conservator may, if necessary, from time to time, realise the expenses of keeping the obstruction, together with the expenses of sale, by a further sale of such part of the obstruction as may remain unsold. (5) If the obstruction exists on account of any permit, grant, licence or other lawful instrument issued by the Government, then the conservator shall report the same to the Government, and, with the previous sanction of the Government, cause the same to be removed or altered in such manner, making reasonable compensation to the owner of such obstruction, to be determined on the basis of such factors, as may be prescribed by the appropriate Government.. Explanation.—For the purposes of this section, the term “obstruction” includes any structure or a vessel or wreck or part thereof, or any material such as cargo, bunker or pollutant or such other thing or any public nuisance, impeding or likely to impede the operation of the port.

The Government may, by notification, specify restrictions on certain activities within port limits which may cause any impediment to the navigation in a port.

(1) If any vessel hooks or gets foul of any of the buoys or moorings laid down by the conservator in a port, the master of such vessel or any other person shall not, except in case of emergency, lift the buoys or moorings for the purpose of unhooking or getting clear from the same without the assistance of the conservator. (2) The conservator, immediately on receiving notice of any emergency, under sub-section (1), shall assist and superintend the clearing of such vessel and the master of such vessel shall, upon demand, pay such reasonable expenses as may be incurred in clearing the same.

(1) The conservator, or any person appointed under this Act to receive fees or charges related to any vessel, may, when necessary for the performance of duties under this Act, board any vessel or enter any building or place within the port limits, either alone or accompanied by any other person or body of persons. (2) No master of a vessel or any person in possession or occupation of the building or place shall without lawful excuse refuse the conservator or any person or body of persons to board or enter such vessel, building or place.

(1) The Government may appoint an empanelled medical practitioner as the health officer to carry out the functions of the health officer at any port. (2) The health officer shall possess such qualification, experience and be subject to such other terms and conditions of service as may be prescribed by the appropriate Government. (3) The health officer shall, subject to the control of the Government, have the following powers, within the port limits, namely:— (a) to inspect the provisions, water, sanitation and accommodation within vessels; (b) to enter or board any vessel and medically examine all or any of the seafarers on board the vessel; (c) to require and enforce the production of the log-book and any other books, papers or documents as may be deemed necessary for the purpose of enquiring into the health and medical condition of persons on board the vessel; (d) to summon and question any person for any purpose, to require responses from the person questioned, and to make and sign a declaration affirming the truth of the statements made by such person. (4) Whenever any infectious or contagious disease has broken out or is reasonably suspected to break out at any port or part thereof, the appropriate Government may— (a) declare such port or part thereof as an infected zone, and require all persons coming out from an infected zone to be medically inspected or examined by a health officer; and (b) prescribe the measures to be taken at such infected zone. (5) Whenever any infectious or contagious disease has broken out or is reasonably suspected to break out in vessels arriving at, or being in, any port,— (a) the conservator shall take such action, and pass such directions to such persons for the prevention or containment of the spread of any infectious or contagious disease, as may be prescribed by the Central Government in consultation with the State Government; (b) the master shall report the particulars of any such disease to the Government or the conservator in such manner as may be prescribed by the Central Government in consultation with the State Government. (6) The health officer, along with such person or body of persons authorised by the Government, may board the vessel for medical inspection of vessels and of persons on board the vessels.

The Government shall not be liable for any act or default of any conservator, harbour master or other port officers or of any deputy or assistant of any of the authorities aforesaid or of any person acting under the control or direction of any such authority, deputy or assistant, or for any act or default of any pilot or for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things belonging to the Government which may be used by the vessel: Provided that nothing in this section shall protect the Government from a suit in respect of any act done by or under the express order or sanction of the Government.